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Vaidyanathan (Advocate)     01 July 2015

Divorce and remarriage

An Indian girl now a US citizen married an Indian in India. The marriage lasted only 2 years.  By mutual consent the marriage was annuled by US court.  Their assets were settled by mutual consent by the court and the girl was permitted to use her maden name.

1.  Whether the annulment of US court can be taken as final.

2.  The girl wants to marry another Indian boy NRI now in US under H1 visa. 

3.  Whether the girl need to get divorce from India before she married the second time.

 



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 8 Replies

saravanan s (legal advisor)     02 July 2015

if the divorce has happened through mutual consent then as per my knowledge there is no need to get divorce from indian court.only exparte divorce obtained in foreign country is considered to be invalid in india

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     02 July 2015

Since mutual divorce decreed, no further divorce in india is needed. Marry again happily.

Advocate Ravinder (Advocate/Attorney)     02 July 2015

I Agree with Jeevan Patil. If you want to marry in india you have to take divorce in India.  Otherwise not necessary.

Vaidyanathan (Advocate)     02 July 2015

Thank you Mr. Saravanan, Mr. Patil and Mr Ravinder for your prompt reply.

Biswanath Roy (Advocate)     03 July 2015

Firstly the woman is an U.S. citizen but married in India (probably according to Hindu Law) if the couple took consented divorce in U.S. then it transpires that the decree of divorce is a consented decree. Consented decree cannot be challenged either in U.S. Court or in Indian Courts, hence, such divorce is absolute. Now if the divorcee wife marry a NRI indian in U.S. the marriage will occure in the foreign country where Indian Law has no jurisdiction to interfere.

Vaidyanathan (Advocate)     03 July 2015

Thank you Advocate Biswanath Roy for your clarification.  In case the lady is marrying an India NRI in India for second time what will be the position.   I read some opinion where it was said that if the first marriage has taken place in India as per Hindu Law them the foreign divorce is not valid in India.

Thanks

Biswanath Roy (Advocate)     03 July 2015

True, but in case of consented decree none of the couple can challenge it legally either in forign country or at home country. Here the legal question arises whether or not  a consented decree outside of India can be challenged in India subsequently by  either of the consented decree holder and reopened the same.

T. Kalaiselvan, Advocate (Advocate)     05 July 2015

The consented divorce that took place in US is very much valid in India as per law and his has been recently confirmed through a judgement by Supreme court too. She can very well marry another person (NRI) in India as per Indian laws without bothering about the previous marriage that took place in India and got divorced legally with the consent of both the spouses in US.


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